RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-02614 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: The Casualty Report (CasRep) accomplished on 22 Nov 2005 be changed from non-hostile to hostile. ________________________________________________________________ APPLICANT CONTENDS THAT: On 22 Nov 2005, he was the gunner in the lead gun truck which provided a mobile roadblock at a heavily congested traffic intersection in Tikrit, Iraq. The gun truck approached a local national vehicle that did not yield the right of way, despite signals from the truck driver. The gun truck attempted to get close to the vehicle and direct the driver out of the way. While doing so the gun truck lost control and flipped over numerous times causing the applicant and others in the truck to be injured. The reason for the accident and his subsequent injuries were a result of hostile actions which required the use of force to suppress the enemy. During convoy mission briefings, personnel were ordered not to allow civilian vehicles to infiltrate the convoy due to the high risk of Vehicle Borne Improvised Explosive Devices (VBIED). Personnel were to use an escalation of force to eliminate any hostile acts that threatened the convoy. It was vital to execute aggressive driving measures to safeguard resources and personnel. Had they not taken action they would not have been doing their job. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: In a letter dated 23 Jul 2012, the Chief, Casualty Service Branch stated that based on documentation submitted by the applicant, it is reasonable to consider changing the CasRep. Personnel Support for Contingency Operations (PERSCO) team report details of an event in an initial CasRep sent to the Casualty Services Branch. If new details come to light after the initial report, a supplemental report is submitted by PERSCO. The Casualty Services Branch maintains CasReps; however, they do not have the authority to change details or circumstances on a CasRep. ________________________________________________________________ THE AIR FORCE EVALUATION: USAFCENT/A1P recommends denial. A1P states that in accordance with AFI 36-3002, Casualty Services, PERSCO accomplished and submitted the non-hostile CasRep based on the local commander's decision at the time of the incident. On 22 Nov 2005, the applicant’s Purple Heart submission was returned because the incident was categorized as non-hostile versus hostile. On 20 Sep 2010, his commander submitted AF IMT 3994, Recommendation for Decoration–Deployment/Contingency Operations, recommending him for award of the Air Force Combat Action Medal (AFCAM), for Courage. However, on 7 Feb 2011, the AFCAM was disapproved by the USAFCENT Decorations board because the incident was categorized as non-hostile versus hostile. In view of the above, A1P nonconcurs with the applicant’s request to change the report from non-hostile to hostile. The complete A1P evaluation, with attachments, is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: On 14 Sep 2012, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). ________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was timely filed. 3. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice. We took notice of the applicant's complete submission in judging the merits of the case; however, the Board majority agrees with the opinion and recommendation of the Air Force office of primary responsibility and adopts the rationale expressed as the basis for our conclusion the applicant has not been the victim of an error or injustice. Therefore, in the absence of evidence to the contrary, a majority of the Board finds no basis to recommend granting the relief sought in this application. ________________________________________________________________ RECOMMENDATION OF THE BOARD: A majority of the Board finds insufficient evidence of error or injustice and recommends the application be denied. ________________________________________________________________ The following members of the Board considered AFBCMR BC-2012- 02614 in Executive Session on 5 Feb 2013, under the provisions of AFI 36-2603: Panel Chair Member Member By a majority vote, the Board voted to deny the request. XXXXXXX voted to correct the record and submitted a minority report. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 23 May 2012, w/atch. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, USAFCENT/A1P, dated 28 Aug 2012, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 14 Sep 2012. Exhibit E. Minority Report, dated 15 Feb 2013. MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS (AFBCMR) SUBJECT: XXXXXXX, AFBCMR Docket Number: BC-2012-02614 I have carefully reviewed this case and agree with the minority member that there is sufficient evidence of either an error or an injustice warranting approval of the applicant’s request to change the casualty report. In reaching this decision, I note the applicant provided a Convoy Leader Handbook which states that convoy teams were to assume local national vehicles were hostile based on specified types of activities. The evidence reveals the local national vehicle attempted to infiltrate into the convoy, as such, the gun truck commander directed the truck driver to shove the local national vehicle off the road. Consequently, while following the truck commander’s orders, the gun truck lost control and flipped over. In view of this, it appears the driver of the gun truck was following published command guidelines when he lost control of the truck. The office of primary responsibility states that the 732nd EMSG/Personnel Support for Contingency Operations (PERSCO) accomplished the Casualty Report based on the local commander’s decision at the time of the incident. However, as pointed out by the minority member, other than the staff sergeant who prepared the Casualty Report, there is no evidence that anyone at a higher level designated the incident as non-hostile. As such, it is my belief that the on-scene commander appropriately interpreted the actions of the local national vehicle as meeting the definition of "hostile intent" and acted accordingly. Therefore, in view of the above, I find the applicant has met his burden of demonstrating the existence of an error or an injustice and direct that his records be corrected to show that the Casualty Report accomplished on 22 November 2005 be changed to reflect “hostile.” MEMORANDUM FOR THE CHIEF OF STAFF Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code, it is directed that: The pertinent military records of the Department of the Air Force relating to XXXXXXX, XXXXXXX, be corrected to show that the Casualty Report accomplished on 22 November 2005 be changed from non-hostile to hostile. Attachment Casualty Status Report, dated 22 November 2005